Geico provided uninsured motorist (UM) coverage under my client’s mother’s auto insurance policy. The policy offered $10,000 of available uninsured/underinsured motorist coverage per vehicle, and there were three (3) motor vehicles insured by the policy.

Unfortunately, the drunk driver’s insurance was expired at the time of the accident. The drunk driver refused to blow into the breathalyzer. She was arrested and charged with DUI. Her criminal case was still pending while our client’s UM claim was open with GEICO.

One of the similarities between a herniated disc and a shoulder (rotator cuff) tear is that the claims adjuster will often argue that the injury was pre-existing. Therefore, this is something you should consider when putting a settlement value on a shoulder (rotator cuff) tear case.

However, our client was in her late teens. Orthopedic doctors in Florida, and neurologists in Florida – and anywhere – will agree that it is not normal for someone who is under twenty (or even in their early 20’s) to have a herniated disc. GEICO offered $20,000.

One of the reasons why Geico may not have offered its $30,000 limits at this time was because the claims adjuster knew that in order to get money for pain and suffering in most car accidents in Florida caused by someone else, you must prove that you have a permanent injury.

In a slip and fall case in Florida, you do not need to prove that you have a permanent injury in order to make a claim for pain and suffering. Therefore, the pain and suffering component of a herniated disc in slip and fall settlement in Florida may be higher than in a car accident case.

We spoke with our client and advised her not to accept this offer. We also argued that our client’s injury was significant and that we were seeking punitive damages in addition to other damages . GEICO failed to timely (within 30 days) send us copy of the uninsured motorist policy which they are required to under Florida insurance law.

We alleged that GEICO failed to act in good faith in accordance with Florida laws. I argued that the uninsured motorist coverage was stacking. There were 3 vehicles listed on the policy and each vehicle had $10,000/$20,000 per person/incident in UM coverage. Therefore, I demanded the policy limits of $30,000.

We take a very tough stance against drunk drivers. We settled this claim for $30,000 (gross) within months. We settled it before a lawsuit was filed and before she finished treating with her doctors.

Normally the reputation of a liability insurer affects the amount of the settlement. But an insurance company reputation affects a Florida injury case the least if the claim is worth more than the policy limits. Many Florida insurers, regardless of their reputation pay the limits of the value of the case is greater than the policy limits.

If our client had been hit by a Publix, Walmart or Winn Dixie truck instead of an uninsured driver, then we would have still made a UM claim with Geico. We have made this argument before by arguing that if the negligent party is self-insured or has a self-insured retention (SIR), then they are considered “uninsured” under Florida law and my client can immediately make a UM claim.

The UM claim is in addition to a claim against the self insured entity.

We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.

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I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

However, we’ve also settled cases throughout the entire state of Florida. This includes several $135K+ settlements for accidents that happened in Fort Lauderdale, Clearwater, Pensacola and others. We’re proud of our results in other parts of the state as well as the Miami area.